releasing this disurk video saying it shows u.s. troops indiscriminately killing innocent iraqis but when our military expert analyzed the tape he found more than a few things the website editors left out. truth, lies, and videotapes, on "america live" right now. but we begin with a fox news alert, the feds now say they have put an end to a terrifying string of attempted bombings targeting americans. just an hour ago, atf agents announcing this guy, larry north, is now being linked to a series of explosives left in postal drop boxes across texas. at least three dozen incendiary devices placed in 23 different locations since the beginning of february. k rivment s gutierrez, live from the dallas bureau with the breaking news, kris, how did they catch this guy?

>> megyn, prosecutors are telling us that 52-year-old larry north had been on the radar screen and considered a person of interest for the past week, so what they did is made a surveillance team follow him everywhere he went, 24 hours a day and actually one of those surveillance teams reported they saw him putting another explosive device into a mailbox in a shopping center outside of a tyler shopping mall. they saw him do that yesterday. then when they moved in to arrest him they said they found another explosive device in his vehicle. that makes 36 bombs authorities say north put together, some of them were fake, megyn, but all were taken seriously, because authorities say this man was responsible for striking fear to people all across east texas. listen here. >> the actions placed this community in fear of performing the simplest of basic daily tasks like mailing a letter. something we've enjoyed the ability to do for over 100 years. >> reporter: prosecutors are also telling us that none of those devices were

ever detonated, no one was injured, but they were following this guy, 24 hours a day, seven days a week, for at least the past week because they thought this was the man and their hard work paid off. megyn: this is extraordinarily, kris. what did they say his motive was? >> it's strange, 552-year-old north was unemployed but he may have settled a a lawsuit and may have received money and may have been defrauded of that money and investigators are not saying what was in the tapes but they are telling us some of the devices had handwritten notes which expressed frustration with the u.s. government. authorities aren't diving into the details. of course we'll learn in the coming days and weeks as this sets for trial. we also know that north is set to be arraigned later today, megyn, in about an hour. megyn: kris, he's on it for us, thank you. a young diplomat from the country of qatar gets to walk free with no penalty after a mid after air scare that add f-16s chasing a

united airlines flight last night. reports say a young diplomat tried to sneak a smoke in the bathroom of flight 663 from d.c. to denver, it caused a burning smell in the cabin, the government of qatar says its envoy was, quote, certainly not engaged in any threatening activity. one woman did not hear from her husband who was on that plane for over an hour. >> he called, said there was an incident, some guy got mad in first class and had a tantrum, the way he described it, he was kind of chuckling about it, and he said he probably tried to -- they thought maybe he tried to ignite something, he said he probably was trying to smoke or something, and that's all he knew. megyn: well, the passengers may be okay but the incident served as an eery reminder of the christmas day bombing plot. next hour, a fair and balanced look at this case. by the way, do you think you would be able to walk away

scot-free? we're going to take a fair and balanced look at whether there's anything our government should or could do about this incident, considering that that's a culprit that is diplomatic immunity. well, dire new warnings on federal spending coming in now, the director of the congressional budget office, you remember this, from the health care debate, the cbo, the nonpartisan independent agency? well, the director of that, today saying that the united states is on an unsustainable path of federal debt. that's his word, unsustainable debt. saying the current physical path is unsustainable and we need more than minor tinkering to fix it. this comes just a day after federal reserve chief ben bernanke made crystal clear that something has got give when it comes to america's financial health. here's bernanke in his own words yesterday. >> to avoid large and unsustainable budget deficits, the nation will ultimately have to choose among higher taxes, modifications to entitlement programs such as social security and medicare, less spending on everything else,

from education to defense, or some combination of the above. megyn: higher taxes, lower spending, or a combo. and take a look at what our research team found here. since 1950, the united states population has increased by 102 percent. the federal debt outstanding per person has jumped a mind-numbing 2300 percent. stu varney puts it in perspective for us, stu. >> reporter: the writing is on the wall, megyn, higher taxes, paid by everybody, are coming down the pike at us. all the big guns in finance are saying exactly the same thing, whether it's ben bernanke or paul volcker, they're saying get a grip on this devment here's what i think we're going to do. there's going to be a middle class tax hike, we're going to start taxing what we spend, what we buy, the things that we buy. there's going to be more taxes on the rich, starting january 1st of next year, and i do believe that there's going to be some of this modification to social security, a later retirement

age, and greater taxation of income for social security spending. it's a combination, but mostly, it's higher taxes, coming right at us. megyn: it's interesting these come out, stu, after the health care bill passes. now we have the administration officials coming out and saying we're up to our eyeballs in debt and it can't be sustained and taxes are going to have to go up, we're spending on programs, like social security is going to have to go down, or a combination of both. i mean, is this a result of the health care law, or is that just one of many factors? >> the health care law makes things worse, because it's a new entitlement program which will be very expensive down the road. there's another factor at work here, and that is the aging population. we are living longer. we're spending a lot longer in retirement. we're drawing down social security. a lot more than we were 20, 30 years ago. that's not funded. that means we've got to either raise taxes, raise taxes for social security spending, raise taxes on the middle class, or some kind of drastic cut in social

spending, which is not going to happen. megyn: stu, let me ask you this. you started by saying it's probably going to be a middle class tax hike which the president has saily not do, he has promised if you make less than $250,000 a year you're not going to get a tax hike under his administration, but the question is whether -- a lot of people think okay, tax the rich, we hate the rich, who likes the rich, but they do create business, they create jobs, but put that to the side, let's assume we all hate the rich, we want to tax the rich, can the rich solve it? >> no. no. you could take 100 percent of everything the rich make, over, say, a half a million dollars a year, and you still wouldn't balance the budget. period. you simply would not do it. we're overpending to -- overspending to the tune of 1 1/2 trillion dollars. you can expropriate from the rich, you can take every red cent they've got, it will not balance your budget. you've got to extend the tax reach down the food chain to middle america. megyn: when you were making reference to we're going to pay a tax on the things we

buy, are you talking about the so-called value added tax which is a consumption tax? just explain to our viewers how that would work for us. >> it's a hidden sales tax. it's what's called a tax at every stage of production, the fabric maker imposes a tax, sells the fabric to the tailor, who imposes a tax, who makes it into a suit, who sells it to the department store. there's another tax. it's a tax all the way down the food chain, so to speak. megyn: stu, some have suggested we mighting facing that as an alternative to the income tax, though we give up the income tax and we take on the value added tax. >> no. megyn: this is a situation in which we might be facing double, we have to pay it all? >> oh yes. mig everybody? >> yes. it's a consumption tax on top of the existing income taxes. megyn: they do this in your native country. >> i was just going to tell you, i remember when this value added tax was imposed in britain, it was sold as a new tax which would eventually get rid of income taxes. nonsense. we now have a 15 percent

consumption tax in britain, and a 50 percent top tax rate on income in britain. they didn't -- one of them didn't go away, we just added them together and now you're now wildly overtaxed and it's coming here. megyn: we're going to have more on that in just a bit here on "america live", we're going to have a fair and balanced debate on the value added tax and whether that's a possibility in this country. stu, thank you very much. meantime a fox news alert, we are getting a news update in the case of the west virginia mine rescue operation. let's take a quick listen. we'll be right back in a couple of minutes with the headlines. >> -- and others, so we had teams, we took four teams inside the mines, each mean is comprised of six people, and you have state and federal that goes in, so each team gets ramped up to about eight people total. but then you have 32 people that's inside the mine that was sent in when we thought that our readings were at a level to where it would not pose a danger to the rescue

workers themselves. they were able to ride in on rail to the same point to we were able to get to the other night, and once they got to that point, they are required to -- because of the debris that's on the track, they have to dismount and they have to walk about a mile and a half to get to the point where we had gotten to the other night. our hopes was to establish a fresh air establish up at what we call the mule train, basically the para center and computer center of the long wall, we would leave two teams there, backup deals, and have a team cross the long wall face, find the missing individual on the long wall, the other team would advance to the shelter known to be in that area, check that shelter out, then by that time, the team that went aloss the long -- across the long wall would be complete. megyn: you can hear a little bit as they continue to deal with the incredible

situation there. there have been dangerous gases that have been released, forcing the crews to abandon the search earlier, for those believed to be still missing. they still have 25 confirmed dead and they are trying to find the remaining four. back to that as we get more news out of that press conference. another fox news alert, we are getting word from mexico, in a bizarre case, a producer for the cbs hit show "survivor" is now being held in connection with the death of his wife. mexican police say the body of monica baris redmond was found thursday in a gutter at the swanky moon palace resort where the family was vacationing, and we're just getting more information on this. can we go to trace? yeah, we've got trace gallagher with more information. >> reporter: bruce baris redmond is the award winning producer of survivor,'s "pimp my ride", a very well-known guy, wealthy guy.

they were vacationing at the moon palace, a high-end hotel in the cancun area. there are reports from those who were down there saying that he and his wife had a heated argument, but that he reported his wife missing and she was later found, as you said, in a gutter of the moon palace hotel, and now bruce baris redmond has been detained. he's the only one so far who has been detained in the death of his wife. we don't know the cause of death yet, and we don't know the circumstances surrounding it. we do know they were on a family vacation, but there's no talk of how many kids they had, or where they may have been. we're gathering information now on this, it is breaking as we speak. we'll bring it to you as it comes in, megyn. megyn: trace gallagher, thank you. three more teens, arraigned for contributing to the death of a classmate, 15 phoebie prince said to have taken her own life because of relentless bullies. now we know how the suspects will plead in court. we'll tell you -- we'll tell

you after the break. dan quayle served one term as the nation's vice president, the quayle ticket in '92 losing votes to third party candidate ross perot. in three minutes the former vp joins us live on why the tea party could learn a lesson from perot.

megyn: well, the tea party movement is now officially a political party. several smaller groups coming together this morning and announcing the formation of the national tea party federation, designed they say to present a unified message against big government. take a listen. >> the national tea party federation is not a single leadership organization. it is being established to do two things well: one is to promote our core values, essential to our success as a tea party movement, which revolves around, of course, lower cost of our government

through less taxation, constitutionally focused government, and, of course, free enterprise. but in addition, essentially to drive the message around who we are and begin to push back on some of the narrative that we see in the press today. megyn: tea partyers typically express more conservative views and one top republican now says that could be a problem for republicans come election time. remember ross perot back in 1992? former vice president dan quayle sure does. thank you very much for returning to "america live". >> thank you, i sure do remember that. megyn: tell us how you think that relates, what happened with ross perot, to what we're seeing with the tea partyers now. >> well, the big question will be what will this movement turn out to be. will it be a movement which has strong grass roots support throughout the country. tea party folks that i've talked to are very engaged, they're very upset with

what's going on in washington. if this movement becomes a national party and they want to field candidates through that party, not the republican party or the democratic party, but through a separate party, then that could be very much of a challenge for republicans. i think most of the tea party activists and participants favor the republican party because their mantra is limited government, lower taxes, free enterprise, get the government out of our face, and basically leave us alone the republican party can identify with that. but it's not just the republicans. there are a lot of independents. and a few democrats as well. so will a leader come along, like a ross perot, and try to be the leader of a third party. then that would create some problems. i don't think that's going to happen. the folks that i have spoken to, megyn, have said no, we are not interested in that,

we want to get washington's attention, we want to get america's attention, but we have no desire to become a third party. megyn: do you see this, though, splintering off the vote if in fact it does get organized as today it suggests it's going to? if they do form a third party in the way we saw with ross perot and pose a real challenge come the 2010 mid-terms or beyond that, the 2012 presidential election, that you say is going to hurt the republican party, and could wind up undermining the very values that the tea partyers are pulling for. >> they won't be able to organize for 2010. i think there's a lot of tea party participants that are running for candidates and that's fine, they're running as republicans, they're running as democrats, and they're running all over the country and that's fine. it's an open political system and we welcome into our party, participant, and if they get the nomination then we obviously will be supporting them, but in 1992, ross perot took -- it

was really ross perot, it was his personality, his money, that really put that party together, and if you recall, they got 19 percent of the vote. and most of that vote was ours. i can say with total conviction, the president and i, president bush and i, are convinced that had he not been in the race, that we would have been reelected in 1992. megyn: you know. >> but the folks out there, they seem to have the attitude -- remember the bumper sticker i love my country but fear my government? that's where they are right now. but they have gotten washington's attention and they have energized the republican party. the republican party was a little lack daysical -- lack daysical after the 2002 election, they didn't know what the agenda was and the tea party put some fight into them. megyn: what should the republicans do to avoid seeing the tea party become a formal party that could throw its hat into the ring

as an independent party come the next election? >> i think they have to reach out to them, because the clip you just ran, they're talking about free enterprise, constitutional government, the values that we all believe in, and i think that we should say look, you know, join us. i think there's somewhat of a debate in the republican party leadership on how identified they want to become with the tea party movement. i say reach out, include them, be open, ask them to join us. you know, we have the same concerns about big government, huge debt, huge deficits, higher taxes, more government involvement. that's what they're all about. megyn: why should they do it, mr. vice president, when their whole platform seems to be antiparty, antigovernment, they don't to align themselves necessarily with the existing party because they say they're disgusted with both gleerts and that's their. -- and that's fair. that's fair comment. but it is a 2-party system, the 2-party system has served us very well. go back historically, third

parties don't do that well, maybe in one election like they did in 1992. remember that they also, the perot party, tried to run and did run in 1996, very unsuccessfully, didn't get -- i don't think they got on the ballot. but these parties that emerge through movements, they do fizzle out after one term. but they hurt the end party, they hurt a particular party. look, in 2000, it's fair to say that ralph nader cost al gore florida. he had 90,000 votes down there. most of the votes would have gone to al gore. it goes both ways. megyn: former vice president candidate -- former vice president dan quayle, thank you for your insights. thank you sir. a left wing website releasing disturbing videotape this week saying it shows u.s. troops indiscriminately killing innocent iraqis. we looked closer and we found more than a few things the website editors left

out. truth, lies, and videotapes, coming up on "america live".

megyn: fox news alert, tornado warnings, right now in alabama. janice dean track them all. janice, what's the 4r5eu9est? >> reporter: a dangerous situation in -- what's the latest? >> reporter other a dangerous situation in alabama. in 2007 we had a deadly tornado through that area, killing eight students at the high school, while unfortunately it's happening again, a torp aid warning right now and as of just a few minutes ago, local law enforcement confirming a tornado on the ground, moving towards enterprise, at 25 miles per hour, moving east. you can see we have a couple of tornado warnings in towards the enterprise area. that's where we have strong rotation on donler radar and now confirmation of a tornado on the ground, moving towards enterprise.

cool is in session right now, so obviously, people are taking big -- they're talking all precautions hopefully in the high school. this is part of a bigger system that's moving towards the eastern seaboard, also want to point out, megyn, we are watching the golf tournament, the masters in augusta and some of these dangerous storms could be heading towards this area, so this will be a developing situation obviously for parts of the southeast. by route now, confirmed tornado, moving eastward towards the city of enterprise, alabama. we will watch the situation, this city obviously hard hit in the past, and a developing situation here in the weather center. megyn: that is a scary and dangerous situation. we'll keep you updated through our meteorologist, janice dean. we're getting word from mexico that a producer for the cbs show "survivor" is being held in connection with the death of his wife. the mexican police saying the body of monica bear sister redmond -- baris

redmond was found in the gutter near moon palace. this guy was the producer of "survivor", we heard his wife was missing in mexico and now they're turning to the husband. >> reporter: they are. we're getting a better idea of why they're holding him, bruce baris redmond was arrested today because her body was found this morning. he reported her missing monday, around 10:00 in the morning, said she went shopping and did not come back, but a number of employees at the moon palace hotel where they were staying reported them arguing on monday night, so the timeline has got a problem there. a local prosecutor telling the media down there that bruce baris redmond also had scratches on his body and they are now investigating him for allegedly choking his wife. that's why they're holding him down there. when they said gutter, megyn, the translation was she was actually found in part of the sewer at the moon palace. that's where her body was

found this morning. missing on monday, found today. he actually spoke, bruce baris -- her beresford hf redman saying my wife is miss, i can't talk right now because i don't want to tie up the lines. today he's been arrested, she was found dead, two kids by the way were down there vacationing with them. he's 42 years old. megyn: when you say in the sewer, trace, what do you sneen. >> in the sewer area in mexico, it's kind of different, in the sewer area, they call it tanker, it's where kind of a septic system goes in. that's where she was found, kind of near that pipe that goes into the septic system of the moon palace hotel. megyn: do you know if it was plain view that the body was found or did it look like it was an attempt to hide the body? >> reporter: we don't know that yet, we're finding out the basic information, the prosecutors not saying much down there. we're finding out, local sources thelg us -- telling us there were scratches on bruce beresford-red mawnd's

body and he's been investigated for choking her. megyn: how high up the toteem pole at survivor is he? >> high. he's one of the producers, one of the founders of the show. he also created "pimp my ride", so he's a very successful, award winning producer, very well-known in the los angeles area, which is why when his wife went missing, all of the local affiliates out there had been calling him day after day, after day, veg intrigued in this search because he's very well-known in los angeles, a hit producer out there, worth a lot of money. "survivor" and "pimp my ride" has made a great deal of money over the past eight or nine years. megyn: we're trying to get our hands on that audiotape of the television conversation that -- or that the producer made. trace gallagher is on it for us, trace, come back if you know more, thank you very much. brand new fox polls, just now coming in, a polling unit telling uses the -- telling us the news is not great for the administration on a couple of different fronts. we'll have the numbers and

chris wallace in a couple of minutes. plus, we are scanning the so-called wicky lead tape, frame by frame, to get after the truth of what happened when u.s. troops opened fire on a group of iraqis in 2007. what we found in that video, what our military expert found, three minutes away. stay with us.

megyn: update for you now on the top stories we're watching for you, the bloody chaos in kyrzygstan is getting more dire by the hour, this country houses a key u.s. military base for the war in afghanistan. and there an opposition leader has just announced the parliament has been dissolved, the president, however, is refusing to resign. american authorities are watching it. three more students, pleading not guilty in that unprecedented massachusetts bullying case. prosecutors say the 15-year-old phoebie prince hanged herself after unrelenting bullying. six teens have been charged in total, three more

expected. dangerous gases forcing rescue crews out of that mine in west virginia, federal date officials saying the air quality is putting crews in danger. they were hoping to reach the four missing miners by noon. well, some very serious new questions being asked today about a video on the internet, showing an apache helicopter attack in iraq. wili leak, the self-described whistle blowing website, released the classified military video, saying it shows the, quote, indiscriminate slaying of innocent iraqis by the u.s. military back in 2007. but while the website editors choose to focus on some parts of the tape, they ignore some other parts. a closer look at the raw video revealed a few things that wili leaks, to put it politely, missed. trace gallagher has an update from the new york newsroom. >> reporter: our pentagon producer justin, did a lot of leg work on this and one of the editors on wiki leak told fox news that it's

ludicrous to allege we have taken this county of -- out of context in any way. we're going to let you decide that. this is video taken from an army helicopter in 2007, in july, in new baghdad. you can see there the wiki leak has slowed the video down and have identified two of the photographers who were actually killed from reuters, saying they had cameras on them. what they did not do is identify any of those people who actually had weapons on them. these are men, walking in a courtyard in baghdad. now i want to go to the next tape because right behind the photographers, you see those four men, those are the photographers, again, there are four men walking right behind those two photographers there, and you're going to see at the upper edge of the screen, on the lefthand side, there it is right there, watch him, this guy is going to swing out, there it is, we froze it for you, swing out, what the army says is an ak-47 rifle. the man standing right next to him on the left, you're going to watch him turn and kind of pivot to his left. when he does that, you can

see right there, we're going to freeze it on the same thing, you can see that he's carrying a long weapon. the army says that weapon runs about half the length of his body, and that is an rpg, which is a rocket-propelled grenade launcher. that's what the iraqis were using to go after our helicopters. now, wikileak said the reason they didn't highlight the weapons is because they weren't sure if they were really weapons, but our soldiers who were fighting this on the ground were certainly sure. listen to this. >> it's an rpg. >> got a guy with an rpg. >> want to fire? >> we're coming around. >> it's an rpg, getting ready to fire. >> reporter: after this shooting the army subsequently investigated this, they found that in fact these men were carrying three rpgs, as well as a number of ak-47s. they also say that the men in this video fit the age and the weapons description

of men that had been fighting, forces that had been fighting our troops all day long, megyn. megyn: and the controversy in part is because this wikileaks which editorrizes about the tapes says that the video clearly shows the unprovoked slag of a wounded reuters employee and his rescuers and there's no question the two reuters photographers were killed in connection with this attack. there is a question whether whether or not it was an unprovoked slag that was indiscriminate as this website talks about or whether it was a good faith effort to take out isn'ts by our troops. trace, there is also controversy about a van in the video. tell us about that. >> reporter: i'm going to show you video and let you look at this as well, wiki this is an unprovoked attack, this is a van that pulls up to take away the wounded. what the army is saying here is that this van is not marked. their contention is that this is not marked, there is nothing on there that would show that this is a protected vehicle or an

ambulance of any type at all. now, wiki says this attack violates the rules of engagement. the army goes back and they point out very clearly, under the rules of engagement, this is fair game. it was these types of vehicles throughout the war in iraq, megyn, that were actually lining up, pulling rpgs out, and attacking our helicopter. so unless it's marked, the army says, as an ambulance or a protective vehicle, that it is fair game, and we could also run some sound here. this is the troops that are asking for permission again and again to engage. listen to this. >> master crazy horse, we have individuals going to the scene, looks like approximately -- picking up bodies and weapons. >> we need to stop that. >> roger, brake, crazy force one, requests permission to engage. >> reporter: request permission to engage, they asked three or four times. they said they're picking up

bodies and weapons. this is the kind of thing, if you talk to our troops, they were very concerned about these different cieps of insurgents going from town to town, moving with weapons in vehicles like this. that's one of the concerns the army had. they think this was justified, megyn. megyn: trace, there was also controversy with respect to that van, and the presence of two children in it. what do we know about it? >> reporter: we know that two children were wounded inside there, and as soon as the troops on the ground found out those children were in there, they rushed them to a hospital. wikileaks said they sent them to a different hospital where they maybe didn't get the best care, the u.s. army says that's preposterous, they say they sent them to the closest hospital to get them the best care. two children were wounded in that, wikileaks said 25 people were killed in these two incidents, the u.s. army says 11 were killed, acknowledging that the two reuters photographers were among the 11. megyn: you've got the wikileaks allegations,

you've got the tape that we have and in the next hour, we'll have a fair and balanced debate, both sides, two people who see this tape very, very differently are going to go through it wen again and tell you what they observed after studying it for some time. stay tuned for that and let us know what you think at coley -- at kelly, foxnews.com, and our trarchtion to -- our thanks to trace for the report. dynamics opinion polls shows president obama's approval rating at new lows and what americans think of health care now that it's the law. it may surprise you. stay tuned.

megyn: fox news alert, we're just getting word out of iran that the government there is claiming that three u.s. hikers, held since last summer, were working for u.s. intelligence services when they were captured. the three americans were grabbed by iranians, crossing the tbrrd iraq in july. their families say the group was on a hike in the scenic kurdish region of northern iraq, this actually, we're told, is not that unusual,

that this is a beautiful area, and folks do go over there to hike, and the families say these three unintentionally strayed across the border into iran. now iran accuses them of spying and says that it intends to bring them to trial. this is not what the families wanted to hear. more on this as we get it. and we've got breaking news right now from our fox news polling unit. a new low for president obama's approval rating. this is just in, literally, from fox news opinion dynamics polling, the first look we're getting at this, on everything from health care to military action against iran, the president's approval ratings, not that great. this one is perhaps the biggest news, it shows a 43 percent job approval for the commander in chief, 43 percent. and our polling unit tells us that that is not just a new low for the fox news polling, it is a new low, they believe, for all polling. cbs poll put his approval rating at 44 percent recently, this, now,

43 percent, and 48 percent disapproving of the president's performing, according to the latest numbers. chris wallace is anchor of fox news sunday, he joins me to put some perspective on this. chris, obviously, if this is in fact the lowest number that we've seen in president obama's term, it's not good news for the white house but it's something -- could they turn it around? >> oh sure. can they turn it around, yeah. but the real significance of this, megyn, is this is the first poll since -- that fox news has done since the big health care reform bill was passed, and if you look a the internal numbers inside on health care reform, it really has not moved the needle at all, and in fact, if anything, it has gone the wrong way. you've got to remember, the key to a mid-term election is turnout. you're not going to get the big turnout you get in a presidential election so the key is you've got to mobilize more of your base than the other guys mobilize of their base. let me remind you, this is post health care reform, 15 percent of democrats say

they're very interested in this election, 69 percent of republicans say they're very interested in this election. 39 percent of democrats say they're more likely to vote for somebody, a democrat, who supported health care reform, for republicans, 70 percent said they're less likely to vote for somebody who supported health care recommend, so you're not getting that big a bounce from the democrats, but you're getting a big bounce of republicans in opposition to health care reform. in terms of the battle for turnout, the idea of a more mobilized opposition that is even more mobilized in opposition to what you just did is not good news for any party. megyn: we saw a small bounce for the president when it comes to the overall approval ratings of the health care law, though. it's not huge, but it's there. it says now, 39 percent of those polled say they favor the health care reform, 54 percent oppose, that's not the favorability rating

of 4 percent -- of 54 percent of before the vote. so 4 percent more like that health care bill now that it's become law. the democrats, they're hoping that with several more months between now and november, they can jack that number up even higher as people start to feel what they say will be the good effects of the law. >> well, yes. i mean, they certainly are going to hope and you can't make a straight line projection from early april to what's going to happen in early november. on the other hand, it's pretty hard to spend, even if it is a little bit better, a 38 percent approval rating of your major domestic priority. you know, last time i looked, 38 percent isn't going to get the job done, and the other interesting thing, and this goes to job approval, meg i think, independents -- now, they're not as important in mid-term elections as they are in general electrical -- elections, it's much more about mobilizing your base but we talked about the overall rating of 43 percent, among independents, it's 38 percent. again, that's a really poor

number. there's going to be a massive job that's going to have to be done to turn around support for the president, support for the democrats, support for health care reform. interestingly enough, incidentally, and i'm sure you've got this in your series of charts, as much as we have talked about health care reform, the economy is still far and away the top priority of voters, on both republican and democrats, and intents. so it's -- independents. so it's going to be much more a vote in november about the economy and peoples' sense of the security of their job than it is going to be about health care, but health care has not moved the needle in a positive direction at least so far. megyn: the voters have been telling us all along the economy is the most important thing to them. chris, thank you, you can catch chris wallace on fox news sunday. make sure to watch this, if you can't watch it, tevo it like i do. thanks chris. busy day for you, folks, we're getting reports of gunfire breaking out in the

streets of kyrzygstan, bloody uprising? a -- in a city that is a home to a very important u.s. military base, president obama talking with russia's president about this crisis. just a couple of hours ago, our major garrett has that breaking news, coming up, and more on that wikileak tape. a fair and balanced report. don't go away.

megyn: we have breaking news outside of a major u.s. air base, vital to the wore effort -- war effort in afghanistan, media on the ground in kyrzygstan reporting sustained automatic weapons fire as night falls on the capitol, the situation is bad enough now that president obama and russia's president had a face to face meeting to discuss this just a couple of hours ago. major garrett is live in prague, president obama and

medvedev discussed this today. put this in perspective in items of the importance to your average american, and what came out of that meeting. >> reporter: well, the air base is calls transit center of magnas, outside the kyrzygstan capitol. why is that base important? because that's how u.s. and nato supplies get to afghanistan. no air base in kyrzygstan, no supplies into afghanistan. that's as simple as it gets. it came up during a prolonged meeting, almost 85 minutes long, between president medvedev and president obama. they talked about a lot of issues, but they talked about kyrzygstan, and afterwards, a u.s. official briefing us here in prague did not say anything about how this coup was a terrible thing, ousting a legitimate government and legitimate government needed to be brought to power, instead, the u.s. official said well, we'll have to watch how things play out. let's take a quick listen. >> the people that are allegedly running kyrzygstan, and i'm

emphasizing that word, you know, because it's not clear exactly who's in charge right now, these are all people we've had contact with for many years. they're not -- this is not some antiamerican coup. that, we know for sure. and this is not a sponsored by the russian coup. >> reporter: what this is, megyn, is a genuine uprising in kyrzygstan, and so far, as the russians and the united states have talked about it, there is no fear currently the transcenter and forces in afghanistan are in jeopardy. megyn: they seem to be saying whether it's the current government or the opthinks that's -- opposition that is running the company, the base is okay because neither is antiunited states, antiwestern. >> reporter: that's right and most importantly, there is not a slard mi putin-engineered uprising, meaning something hostile to the united states interest in kyrzygstan. there was a brief conversation between the two leaders about putting out a joint statement.

that was pushed aside. they are looking for the proper time and proper means by which to intervene. they haven't found it yet, so they're not saying much at all. megyn: major garrett. major, thank you. right now republicans are trying to keep a controversial judge from a very powerful court position. they've already delayed his hearing a couple of times, but can they derail it entirely? we'll ask the man leading the charge. bms senator jess session -- jeff sessions is the ranking member of the senate judiciary committee, he is poised to make news on this program in about ten minutes. does this battle of a btle -- does this video of a battlefield incident tell the correct story of what our troops through and the decision they made? a closer look for you as we cue up the video and tee up a fair and balanced debate, right here. (announcer) the sinus triple threat.

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megyn: a fox news alert. a lot of breaking news. we have big headlines coming out of hollywood, iran and more. first from mexico, a "survivor" producer is being held in connection with the death of his wife. mexican police say the body of monica beresford-redman was you found thursday in a sewer at the moon palace resort where they were on a family vacation

together. first the news came from him that she was missing. now we find her body and police are look at him. >> reporter: sunday night some people at hotel saw them arguing. sunday bruce beresford-redman said she went shopping and he reported her mission and said she did not come back from that shopping trip. her body was found in the sewer gutter. they arrested him. they will charge him with murder. they believe he's responsible because he had scratches on his body. the prosecutor telling the locals they believe bruce beresford-redman choked his wife to death. her body was found today. she is also -- he is the producer of "survivor." he also created "pimp my ride." she is prominent in the brazilian community in hollywood. she owns a prominent restaurant

called zabumba. she was found dead today. her birthday was yesterday. her husband is now under arrest. we do not know if he's been charged. he will soon be charged with murder there. megyn: how old is this couple? >> reporter: he is 42, she just turned 41. they had two kids vacationing with them in cancun. this has los angeles tv stations and local media in mexico buzzing. megyn: is there a history of domestic abuse. >> reporter: we haven't found anything. the only thing we have heard so far is they were arguing at hotel sunday night and monday she went missing. megyn: you are trying to get your hands on the telephone conversation in which he claimed she was missing.

>> reporter: they spoke on the phone yesterday, he said he didn't want to say much because he wanted to keep the phone lines clear. megyn: trace gallagher is on it for us. thank you. another fox news alert. we are getting word out of iran. the government is claiming three u.s. hikers held since last summer according to iran are connected to u.s. intelligence services. the families came on "america live" and pleaded for their family members' release. these three americans were grabbed by iranians as they were crossing the border from iraq into iran. their family says they were just hike. they were up in the kurdish region of northern iraq and unintentionally strayed into iran. this is a popular hike spot according to people outside of the family. iran says that's not the case at all. iran coming out now and accuse

them of spying for the united states. and saying that it intends to bring these three to trial. this could be an international incident that will involve our diplomats at the top level. we are trying to get reaction from the state department or from the families. we have contacts with at least of the families and we'll bring that to you as soon as we get it. there is also more breaking news on new information about the man who triggered a bomb scare on a flight bound for denver. this happened last night. fox news confirmed that that man has been released and is on his way to washington, d.c. and he will never face any charges. the alerts were going off nonstop, now he's free to walk away, no harm done. this is the man, mohammed al-madadi. a diplomat from the embassy of

qatar. the fbi says he sparked a my knowledge mid-air security scare when he decided it was time to light up a cigarette in an airplane bathroom. apparently he thought the whole thing was very funny an joked about it. now he is free. that's it? he just gets to walk away? >> reporter: as of this moment it looks like he is walking away, at least from u.s. authorities because as you mentioned, he is a diplomat. foreign diplomat. carrying with him a status that is quite broad and freeze them from having -- and frees them from having to be arrested or detained by authorities. he was detained for a number of hours last night. but the state department says unless he committed a crime they can prove and unless the

ambassador from qatar decides to remove his immunity status, he is free to go. there are a lot of american citizens the quite upset about that. megyn: what kind of disruption was caused by this man destiegd light up on this flight? >> reporter: first of all the federal marshals confronted him. they had to land the plane. two f-16 fighter jets were scrambled here in colorado and they escorted the plane into denver international airport. then the 157 passengers onboard had to sit there for taken hour and a half in the tarmac in a different secluded area before they knew what was going on. then they were put on bus and questioned for 5-6 hours by the fbi before being released. megyn: what is janet napolitano

saying about this? >> reporter: she commended the air marshals for their work. she added with regard to this situation we always treat security-related incidents seriously until verified otherwise. but her flight to spain was delayed because she was overseeing these events. megyn: what a situation. what do you think would happen to you if you got on a plane and you just had to have a ciggy. do you think you would get a pass? no problem. ladies from "the view" took up that debate earlier today. >> he is not going to face any charges because he's a diplomat and he has diplomatic immunity. but if i had sneaked a cigarette on the airplane which i have wanted to do so many times, because i get nervous. i want to smoke on the plane. do you think they would have given me a pass?

>> no. >> this is fine when you go -- there is a sign that goes to the airport that says no joking. maybe if they just caught him smoking they would have said put the cigarette out. it's the fact that he joked. the whole business of diplomatic immunity. our diplomats when they go over says. diplomats can park and go through red lights. in order to change this you would have to change our laws. megyn: she has a point. we don't want our diplomats treated in foreign countries without american justice. was it right to use diplomatic immunity in this case? you go to foxnews.com and click on "you decide" and cast your vote. you can also order a cocktail if you get a little nervous.

a fresh p.r. nightmare for toyota as new questions surface about its handling of those mechanical problems. now an email has come to light showing toyota knew there were issues days before the company made the information public. they are covering this. i guess you have seen them. what do you say? >> i have a copy of them. we'll show them to you now. the guy month wrote this is a guy named irv miller. a 30-year veteran of the company who was just days away, 15 days away from retirement when on january 16 he wrote to a japanese counterpart, i hate to break this to you but we have a tendency for certain manufacturer on certain models. we are not protect our customers by keeping this quiet. the time to hide on this one is

over. this is one of some 7,000 toyota document turned over to the government. it seems likely other embarrassing memos will be emerging. by law, megyn, toyota was required to bring the forms to the government within five days of realizing there was a problem. they notified the european dealers. megyn: that's the kind of document a plaintiff's lawyer loves. but i know there is always two sides to the story. what is toyota saying? >> reporter: they are not commenting exactly on the memo but they did release a statement which reads, quote, we have publicly acknowledged on several occasions that the company did a poor job of communicating during the period preceding our recent recalls. i spoke to one lawyer involved in toyota litigation. he believes the document is immensely important, especially to the class action suits pending around the country.

i should mention toyota has been bragging in recent commercials about how well its cars are selling, failing to mention to get those sales the company has been selling cars at huge discounts and offering iewfer inventives. megyn: when you are in the midst of one of these litigations they have tons of boxes and they read through document after document. and you come across a document like that, you run into your boss' office. >> reporter: you say here it is. >> then you write a big fat settlement demand to the other side. brian wilson, thank you so much. the gloves are coming off. a builder fight over goodwin liu *. in three minutes we'll ask the ranking member of the senate judiciary committee why

republicans are so opposed to this guy and what they intent to do about it. the u.s. military accused of murdering innocent civilians in iraq. a web site claiming this leaked and classified video is prove. that touched off a big debate. the battle over the firefight. [ male announcer ] return moisture to your face with gillette's fusion regimen. proven to lubricate during shaving and hydrate after. gillette's fusion rimen. clinically tested to hydrate your skin.

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megyn: new developments just in in the death of nancy kerrigan's father. the figure skater's brother has been charged with man slaughter. he had been held. the two had a fight in the family home back in january and the 70-year-old daniel kerrigan later died. mark had already been charged with assault. but he's been living with his mother where the alleged assault took place. nancy kerrigan and her family insisted they do not blame mark

for the father daniel's death. it is good to be in the u.s. senate. a war of words intensifying for the path's pick for the 9th circuit court of appeals. republicans expressing fierce opposition to goodwin liu's nomination. they say he failed to disclose key information about his record as was required to do to the judiciary committee. we told you yesterday the republicans asked the chairman to postpone those hearings so they could have a chance to look over the materials just produced. that request denied. the controversy made even more intense because some view this man liu as a potential supreme court nominee. where does the gop go from here? our guest is alabama senator jeff sessions. senator, thanks so much for being here.

>> thank you, megyn, great to have you. things are beautiful here this spring. megyn: things are not so beautiful in washington on your committee. you wrote a fierce letter to patrick leahy saying goodwin liu did not disclose the documents he's required to disclose. at best it displays incompetence, at worst he attempted to hide his work from the committee. do you believe he intentionally mislead the committee? >> i don't see how it's possible he could have omitted what we find to be 117 documents and speeches that should have been disclosed, and i also understand there have been some he has not yet disclosed that have been discovered still. so that's to me reflects a lack of respect for the committee. a lack much respect for the

questionnaire and a lack of respect for the process that he's to go through. he's controversial. his speeches are really out there. and we need to know what he's been saying in these documents. megyn: when i looked at his record, senator, the things that have come out recently seem to suggest he's in favor affirmative action. we knew that. to suggest he believes the constitution is sort of a living, breathing document, that's my paraphrasing. but we knew that. what is so controversial about the latest disclosures? >> i would say it goes beyond anything we have seen from any other nominee. nothing close to it. he says plainly that he believes fidelity to the constitution means a judge has a duty to interpret it in ways that are really outside the bounds of a legitimate interpretation in my way of thinking.

he made a lot of statement like that that i think go beyond anything we have seen in a nominee. basically says that a judge has a duty to alter the text and the principles of the constitution based on changing circumstances. i'm not aware of any nominee that made such a statement. megyn: that's in these new documents just released? >> i think these new documents are confirm torry and deal with some of these same issues. he believes the constitution grants and affirmative welfare right. we never had a nominee to my thinking -- any scholar who argued that. welfare or healthcare guaranteed by the constitution. these are policy questions our

legislative branches wrestle with, but we don't want judges unelected, lifetime appointed judges reinterpreting the constitution to say what they want it to say. megyn: is he outside the mainstream? >> absolutely. he's outside the left wing mainstream it appears. we'll give him a fair chance to respond to those questions, and we'll hear what he has to stay, but some of his writings are breathtaking. and if followed in the case that he is not committed to following the constitution as written. megyn: would you be prepared the filibuster him? >> i think these hearings create a circumstance where he is not able to explain away the apparent meaning of these statements, then yes, i think every vehicle should be utilizing to insure he's not given a lifetime appointment. he will not not be committed to

the integrity of the constitution. that's the question, not what his political views are or whether he's a nice person, he seems to be. but if his philosophy is such that he does not feel bound by the words in the constitution, ratified by the american people, then we have got a rogue judge who should not sit on the bench. megyn: he's not yet a judge. he has impeccable credentials in terms of his education. but here is my question. we have ken starr who is a staunch conservative. we have john yu who wrote the so-called torture memos both of whom endorse the guy. they don't think he is so far outside the mainstream. is this guy that far to the left in your view or is this just a liberal judge that you would expect somebody like president obama to appoint?

>> i can't believe ken tar has read all these -- i can't believe ken starr has read all these writings. if he has he changed his philosophy about what a judge should do. a judge should be committed to following the constitution. he's not able to rewrite its text to make it say what that judge designs is the public feeling at a point in time. the nominees never tried a case. he's only been a professor. he was a law clerk. he has not had any experience in the courtroom. he's center young, age 39. i think his writings are some of the most advanced statements of progressive legal thought that go beyond anything i have seen. megyn: there have been several supreme court justices who have aseasonalled to the highest court in the nation without court experience.

>> how about trying one case in your life? how about that? megyn: i'll watch as you question mr. liu about this. thanks so much for coming on. >> thank you. megyn: we are seven minutes out from our big debate over the video showing what the left wing web site calls a case of murder. we took a closer look at the tape and found some things they failed to highlight. we don't know whether that was by mistake. but we are going to try to break this video down for you fair and balanced here in just a moment. and new developments coming in on the guy arrested for being naked in his own home. the horror. have you ever done that? he was convicted of indecent exposure. but demands a retrial, now hes had it. >> i'm in my home.

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>> a fox news alert. a big pothole on the road to recovery. and we are going to bring that to you in just one second. i'm getting this in my ear. linda douglas, the communications director at the white house is leaving the white house. she was speaking with the media telling people the benefits of the healthcare. she says it has been a tremendous honor to serve the president. now she is look forward to spending time with her husband and rediscovering the experience of dining with him on a regular

basis. she is leaving the white house after the healthcare reform bill became law and the white house communications director says she has and will be valued advisor to the president and the white house. now there is this. problems on the road to recovery. unemployment in particular. there are jobless numbers out today and they are worst than expected. 460,000 people filing new claims for unemployment benefits last week. that's up 18,000 from the previous week. economists were expecting the number to go down. not up by 18,000. jerry, why do we think these numbers went in the wrong direction? >> reporter: we are seeing people losing their jobs in this economy. this is a 5-week tie for this

barometer. think of this as a layoff barometer. something you would expect to see at at beginning of the recession. not good news. we'll continue to watch. the breaking point is 500,000. 500,000 is when you are tipping into deep trouble. there is some good news there. megyn: what do the numbers mean for the broader economy? >> reporter: you will continue to see jobs be a problem. consumer sentiment is important because that's what make its economy go. we spoke to one analyst and here is what he had to say. >> it's all about labor. if the consumer feels their job is secure and their incomes are going up they will continue to spend. >> reporter: there is some indication the consumers are getting ahead of the employment the numbers. really impressive move question is was it only due to good

weather and easter sales being later than usual or is this the start of something good. folks, you. megyn: you can log on to foxnews.com and highlight our stories of real people manage their way through the recession. it may be helpful to you. you have those stories and much more at foxnews.com. click on the "road to recovery going link. we have new retails on our breaking news. a hollywood producer, a key player on the cbs hit show "survivor" is being held in mexico after his wife was found murdered. the reports are that they believe she was strangled. we are going to update you on this in three minutes. and the debate about the left wing web site wikileaks after it

released this classified military video. the site says it shows u.s. soldiers murdering innocent civilians in iraq. one man has a different version of events. we'll have a fair and balanced debate three minutes away. do not miss this. @=h

megyn: an update on $of our top stories. rescue efforts put on hold for those missing miners in west virginia. a security scare at los angeles international. flights delayed after a man takes his bag before it can be checked by security. it turns out nothing was inside that was dangerous. a horrifying mudslide in brazil. look at that. 200 people have been buried and likely killed. just awful. more on one of our top stories.

we are learning more about a controversial video released by the left wing web site wikileaks. this site claims this classified u.s. military video shows u.s. troops intentionally gunning down innocent iraqi civilians. the web site calls it murder. we dug deeper. we slowed the video down and took a closer look. we found one man in the crowd carrying an ak-47. swinging the weapon around. there you see we add a highlight so you can see it better. wikileaks ignoring this shot. and another man holding a grenade launcher. that's our spot shadow on it. the web site singles outs the unarmed journalists who were killed. but why wouldn't these armed men be highlighted? would that not be fair as well?

we have captain chuck nash and the code pink cofounder. this has gone viral since it has been released by wikileaks. they go after our troops on there calling this collateral murder, the indifficult criminal slaying of a dozen people and calling it unprovoked. do you agree? >> i do agree. they were not fired upon. they fired without being fired upon and two reuters staff were killed as were innocent people inside the buildings they hit. megyn: captain nash, you see things differently. >> this happened back in july 2007. it was a ground element that had been receive firing pretty much most of the morning. they called in the air element. the helicopters came in. went over to the area from where the ground element had been receiving fire and they saw this group of men carrying weapons. and when they got closer and

they on further investigation they saw clearly the weapons you pointed out in your lead-in to this story and they subsequently asked for permission to engage them and they did engage them. megyn: does that not soften your position at all the fact that you can see a man with an ak-47 and a man with a rocket propelled grenade? >> innocent people were murdered. if our troops are there to murder innocent people i don't think anybody would like that. we have to acknowledge there were innocent people murdered. it's the ways the shooters in the helicopters were act and talking and joking. they seemed like they were enjoying themselves which turns the stomaches of people who watched the video. megyn: is that a fair description of what you heard on this tape and saw on this tape

and the job our troops are doing? >> war is a terrible business. and it many just one of those things where there are mechanisms that people use, the language is probably fairly blunts. they were reporting what they were seeing and there is not a lot of time for nicety. the use of murder is so grossly inappropriate in this. it's not supported by the evidence, the analysis or by either of the two investigations that were conducted on this. and it is especially not supported by the evidence that was found on the ground whenned the ground troops got in there and found the weapons. here is the thing. if you are embedding with terrorists in a combat zone and those terrorists get engaged and you get killed, it's not murder. megyn: you suggest a callousness by your men and women in uniform. but the sound bite shows they asked for permission.

i want to goat your reaction. take a listen. >> we have individuals going to the scene, possibly picking up weapons. >> roger. thanks. crazy horse one request permission to engage. megyn: request permission to engage. this wasn't cowboy justice. it was our men and women in uniform trying to take out intergents. do you not accept that? >> no, i don't accept it, especially where you see the scene where a van pulls up, a good samaritan with his kids in the back on the way to take the kids to a tutoring class, gets out to try to help a wounded guy. when the children are shot, the guys laugh in the helicopter and say it serve them right for bringing their kids to a battle zone. that's disgusting. megyn: captain nash?

>> the even you are gents have been using -- the insurgents have been using civilians as shield for a long tile. earlier on the version of the clip you see a van of similar color if not structure driving toward the area where the firing was taking place. so they -- i think saw that van as something that had previously been in the area when the firing was taking place, and then they see a group of people crouching around a building with rpgs with our troops just a couple blocks down the street. and they took them under fire and the two reuters guys -- a.p. guys, the photographers that were there, i mean, if you are hanging around with bad guys who are shooting at our troops, and you get killed, you are part of it at that point. >> the guys were not shooting at

our troops. you can make up whatever you want to make up. but this video is traveling around the world and people are see can it and just getting horrified by it. and if the military feels this was justified let's see their version. why do they try so hard to keep this video from the public view. why did they target wikileaks as a national security threat. megyn: it's classified. you are with code pink, you say you stand up to get the troops home. this came in from christy in arizona. who calls herself a proud marine mom. she says i'm mother of a marine who has been dough employed in iraq three times. it waltz inand fly that was there onsite. she says i'm incredibly proud of him and his fellow marines. what would these folks making this claim rather? that it be our american military that is killed first because we had to be sure? what do they want our military

to do? walk up to them and ask them if they are going to shoot us first? she highlights the condition that our men and women in uniform face as they came upon this spot where there were firefights on the ground. do you have no understanding of the practical realities that our troops face? >> what i know is it was the helicopter that shot first. they were not under attack. and i know that unfortunately many innocent people are being killed because our rules of engagement are so loose. they should not have been allowed to shoot without any provocation. megyn: i'll give you the last word, captain nash. >> they had been receiving fire all day. they were carrying weapons. they were peering around the corner at u.s. vehicles a couple blocks away. they were carrying rpgs. they were anticipating for fire

and they reacted. >> they reacted terribly and killed a lot of civilians. megyn: a fair and balanced debate as promise. folks we are taking your emails on this. coming up in about 20 minutes. shepard smith takes over with studio b. >> lots ahead including breaking news from the mine disaster. we'll be following developments there with jonathon hunt live on scene. the diplomat from qatar decided it was time for a smoke on the plane. 30 years ago that what are been fine. but you can't do that anymore unless you are a diplomat. judge napolitano will be here to talk about that. we'll get into that unless breaking news changes everything. megyn: it happens. thanks, shepard.

new video coming in as a group of smash and grab thieves decide to go over a case of rolex watches. we have that breaking news and that video coming up. he was charged -- charged criminally for going naked in his own living room. naked in his living room. can you manage? today a verdict in "kelly's court." next. >> just got out of bed, flip-flops and that's all i had. it's my house, all by myself. if i come down to make coffee i don't have clothes on. most people have don't or do it on a daily basis. he recommended citracal. it's different -- it's calcium citrate, so it can be absorbed with or without food. also available in small, easy-to-swallow petites. citracal. over a million people have discovered how easy it is

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walking around his pad in the buff. something he says he does time, including last year when he decided to air things out on a morning stroll downstairs for a cup of joe. naked as a jay bird standing by the door. along comes a neighbor and her young son. he was arrested and charged with a crime, indecent exposure. today vindication. >> it's an unbelievable weight off my shoulder. now if that happened i won't have an open window in my house. >> police not ruling out this crime being charged in the future. joining us for more, julia morrow and mark eiglarsh. a guy has a right to be naked in his house. there was more to this story. >> there certainly was.

at the risk of sounding prudish. let me tell you this is not a case with a jury verdict where justice was served. this is a case where the prosecutor was outlawyered at the trial. this guy was drunk. one of his roommates said when all the guys cot up to go to the job, he was awake, he was drunk, he was naked. he was wandering around at house with nothing but a hard hat on. the room mate said tone it down. someone might see you. number two, both witnesses testified that right before they looked over different was two different women that saw him. right before they looked over, they heard loud noises from the vicinity that drew their attention. obviously he's trying to get their attention. he has no connection to that neighborhood. he had only been living there

for a couple months. he was moving -- he doesn't care about those kids or that neighborhood. megyn: there was a 7-year-old boy with one of these women. she made eye contact with him. and he didn't care much about the nudity in front of the 7-year-old. not less, the jury took less than 20 minutes to find him not guilty. >> that doesn't mean they deliberated 20 minutes. they take time to settle into the room. to pick a foreperson. to gather hair items. it took 20% of the time it took me to boil eggs for my kids. what does that mean? they stripped a man of his liberty pun intended without any proof necessary to sustain a conviction. megyn: you are the police officer and you have got a

mother of a 7-year-old boy coming up to you saying, i walked by, i saw him naked. he moved over to the carport doorway and showed himself to me and my son. i flipped him the birdie was so angry. another woman said he did the same thing to me, and the police are supposed to ignore it. >> number, try notddd -- law enforcement officers know or should know there is a difference between believability and accuracy. did she believe he intentionally did it? >> the cops don't make that assessment. >> this guy didn't intend to do it. megyn: we are going to hold you over. you will get a chance after this break.

back with our panel in the case of the man arrested for being naked in his home. witnesses saw it, including the 7-year-old. julia says he does not believe the complaining witnesses. >> frankly, i don't know what he's basing that on. first of all, because even though the jury acquitted that guy, that doesn't mean they weren't believable. the jury found the guy didn't intend to expose himself. why would a woman with a kid make up the fact that this guy is standing at the carport door naked as a jay bird and she gave him a finger and threw a coat over her kid's head. megyn: that's what stuck out to

me. i love it. i want to hear how i missed the point on this. two hours apart, the guy is still naked. how long does it take to get your clothes on and fix a coup of coffee. >> here is the point. you look fabulous, but here is the point. i'm not saying this didn't happen. i made the distinguishing feature there is believability versus rack a i. megyn: the jury has acquitted him. he said he racked up $10,000 to $15,000 in legal bills. and now it has affected his battle for custody of his children. >> they can't show they

intentional lima listly prosecuted him. let's just prosecute you and ruin your life. megyn: do people need to worry about being naked in their home? >> they need to be worried about being naked in their home and displaying themselves out the window and the front door. megyn: you have to be naked intentionally and know others are present. that's just a little bit of legal for our viewers. it am not a crime to be naked in your own home. it is to intentionally flash little children from your window. a yuri found he did not do that. acquitted him. fine by me. this prosecution was not outrageous. stay with us. captioning made possible by fox news network @útçñçpqç?p@÷@÷ç

crazy hour of breaking news. one more. new video in of a jewelry store robbery caught on tape in florida. >> it's unique, they walk into a jewelry store, three men, one in a wheelchair. they walk up to the security guard, spray mace 6 inches away from his face, they jump out of the wheelchair, smash the counter and steal 20 rolexs, leave the wheelchair. there's a man waiting in the getaway car and they're still on the run. >> that's wrong.